S.Muthuramaligam @ Praveenkumar v. The Under Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR and WMP.Nos.32389 and 32390 of 2022 S.Muthuramalingam @ Praveenkumar

...Petitioner

Vs.

1. The Under Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry, Puducherry.

2. The Transport Commissioner, Transport Department, Government of Puducherry, Puducherry.

3. The Deputy Secretary to Government, Agriculture Department, Government of Puducherry, Puducherry.

4. The Deputy Director (Admn), Directorate of Industries and Commerce, Government of Puducherry, Puducherry.

...Respondents

1/5

Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned notification issued by the 1st respondent in G.O.Ms.No.50, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry, dated 29.07.2022 and quash the same consequently, direct the respondents to relax the upper age limit for all posts while filling up the Government jobs in Puducherry Government.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Sreedhar, AGP (Pondicherry)

ORDER

This Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus to quash the impugned notification issued by the first respondent in G.O.Ms.No.50, Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry, dated 29.07.2022 and consequently, direct the respondents to relax the upper age limit for all posts while filling up the Government jobs in Puducherry Government.

2. It is the case of the petitioner that he is qualified with the B.Tech. (Mechanical Engineering) and M.Tech. (Advance 2/5

Manufacturing). Due to Covid-19, the Government of Puducherry not issued any notification for fresh appointment in various Departments for the past 10 years. The Government have now issued G.O.Ms.No.50, Department of Personnel and Administrative Reforms (Personal Wing), Puducherry, dated 29.07.2022 relaxing age only for all Group 'C' posts and not in respect of other cadres and also issued notification calling for appointment in various posts.

3. The grievance of the petitioner is that no appointment was made for 10 years and the petitioner has now crossed upper age limit. The Government have relaxed age for certain posts but refused to give such relaxation to other posts, which is violative of Article 14 of the Constitution of India and therefore, relaxation of age should be given to all other cadres also.

4. Heard both sides and perused the materials available on record.

5. This Court is of the view that the relaxation of age is a policy decision of the State Government. When the State Government 3/5

extended certain benefits by relaxing age for Group C post, the petitioner as a matter of right cannot seek direction against the Government to take policy decision in respect of other cadres also. Hence, this Court is not inclined to interfere with the matter. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

14.08.2023 Index : Yes/No pvs To

1. The Under Secretary to Government, Department of Personnel and Administrative Reforms (Personnel Wing), Government of Puducherry, Puducherry.

2. The Transport Commissioner, Transport Department, Government of Puducherry, Puducherry.

3. The Deputy Secretary to Government, Agriculture Department, Government of Puducherry, Puducherry.

4. The Deputy Director (Admn), Directorate of Industries and Commerce, Government of Puducherry, Puducherry.

4/5

N.SATHISH KUMAR .J., pvs 14.08.2023 5/5